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Lackawanna County agreed to settle a federal lawsuit filed by the mother of a 7-year-old boy who was sexually abused his foster parents’ adopted son.

The mother filed suit in August 2014, alleging the abuse could have been avoided had the county’s former Children and Youth Services — now called the Office of Youth and Family Services — heeded a written profile that warned the adopted son previously sexually abused others.

Details of the settlement were not available. In a prepared statement, the abused child’s attorney, Barry Dyller of Wilkes-Barre, said the settlement provides “significant monthly income” that will be used to help cope with the long-term trauma inflicted.

“Instead of protecting children, child protective services agencies like Children & Youth Services sometimes harm children instead,” Mr. Dyller said in the statement. “The Dyller Law Firm’s goal is to make child protective service agencies careful not to hurt the children they are there to protect.”

According to the lawsuit, the boy was placed in foster care with a Wilkes-Barre couple in 2012. Five months later, the boy was sexually abused by the couple’s then 20-year-old adopted son.

The Times-Tribune does not identify victims of sexual assault.

The son pleaded guilty in March 2013 to one count of sexual assault and was sentenced to 3½ to seven years in prison.

The lawsuit says Lackawanna County caseworkers were aware a profile noted the son had a history of aggressive, sexually inappropriate behavior. Despite that, they placed the child in the home and never advised his mother he was with a sexual abuser, the suit says.

Lackawanna County spokesman Joseph D’Arienzo said the county continues to deny any wrongdoing. It settled the case on the advice of its insurance carrier, which is responsible for the monetary damages and defense costs.

“This was an unfortunate case that the county defended vigorously. ... However, based on the fact that the case involved a minor, it was not the type of case anyone wanted to take to trial,” Mr. D’Arienzo said.

Contact the writer:

tbesecker@timesshamrock.com, @tbeseckerTT on Twitter

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